N 400 pending 3 years

[Mindo2019 12]

6 minutes ago, geowrian said:

As noted above, if filed under the 3 year rule and are no longer married, then the N-400 must be denied. Whether that occurred after the 5 year period or not doesn’t matter...just that it was filed using the 3 year rule. So withdrawing it was correct.

 

But yes, no issue filing for naturalization now, assuming he meets the other requirements still.

Gotcha. I was little bit confused because of the timeline. Thank you for clarification.

[MohU3 57]

21 hours ago, Aleks1976 said:

- Get First Green Card april 2013 ( based on marriage with American citizen )

- February 2015 sent I751 for permanent resident 

- May 2016 sent N 400 aplication for Citizenship ( didn t get approval for I 751 )

- August 2017 interview for I751 - approved , but did not get plastic card )

- Septembar 2017 interview for N400 ( I came without wife )

- Oktober 2017 reinterview with wife ( stroke interview, me and wife separated )

- In May 2018 We divorsed and I sent withdrawal for N400.

IN THIS MOMENT I still waiting for cancelation N400 and I am still waiting for Green Card ( plastic ) I have 7 stamps in my passport .

ENY ADVICE !?

 

 

I'm in the same exact situation with different details. I had my 751 pending for 4 years which I applied for N400 before it got approved under the 3 year rule. Got my 751 approved in January 2019 ( No actual card was sent) then had my N400 interview in march 2019 which was denied because of the divorce. So I applied for I90 in march 2019 as well as N400 under the 5 year rule in march as well. both cases are pending till now

[spring333 44]

1 hour ago, MohU3 said:

I'm in the same exact situation with different details. I had my 751 pending for 4 years which I applied for N400 before it got approved under the 3 year rule. Got my 751 approved in January 2019 ( No actual card was sent) then had my N400 interview in march 2019 which was denied because of the divorce. So I applied for I90 in march 2019 as well as N400 under the 5 year rule in march as well. both cases are pending till now

Pretty same here

ROC approved after stoke interview in 2014

n400 in 2015, ended up with RFE, year later got a notice for another interview and withdrew it since we were falling apart.

 

Filed n400 again in sept 2018 under 5 yr rule, had interview in 3/2019 and got RFE again in 4/2019. Now still waiting. 

[MohU3 57]

On 10/30/2019 at 1:17 PM, spring333 said:

Pretty same here

ROC approved after stoke interview in 2014

n400 in 2015, ended up with RFE, year later got a notice for another interview and withdrew it since we were falling apart.

 

Filed n400 again in sept 2018 under 5 yr rule, had interview in 3/2019 and got RFE again in 4/2019. Now still waiting. 

what was the RFE about in both times ?

[spring333 44]

14 hours ago, MohU3 said:

what was the RFE about in both times ?

both times about bona fida marriage, with one huge difference 

first time it was under 3 yr rule so i understand

second time was under 5 yr rule but they asked only for proof of living together in 2016 only ( i got my permanent gc 2015 so i dont see why this)

[MohU3 57]

4 hours ago, spring333 said:

both times about bona fida marriage, with one huge difference 

first time it was under 3 yr rule so i understand

second time was under 5 yr rule but they asked only for proof of living together in 2016 only ( i got my permanent gc 2015 so i dont see why this)

Wow. That's so weird. If they have doubts about the marriage why would they approve the 751 and if they approved the 751 why would they still ask about the marriage. Under the 3 year rule, I understand. but why would they ask you to prove the marriage when you apply under the 5 year rule ?

[geowrian 22,336]

1 minute ago, MohU3 said:

Wow. That's so weird. If they have doubts about the marriage why would they approve the 751 and if they approved the 751 why would they still ask about the marriage. Under the 3 year rule, I understand. but why would they ask you to prove the marriage when you apply under the 5 year rule ?

Under the 3 year rule, the applicant has to show that they are eligible for the benefit being sought, including showing that the marriage is bona fide.

Under the 5 year rule, the applicant still has to show that they are eligible, but they can review the entire history of the applicant. The difference is the burden is on USCIS to show it was improperly obtained, instead of the applicant show that it was properly obtained. So it's not unusual for them to ask about it, but rarely does it impact the result (I have seen a couple cases where it has raised concerns, mostly if the I-751 was approved jointly but they divorced before approval and never reported it).

[MohU3 57]

4 minutes ago, geowrian said:

Under the 3 year rule, the applicant has to show that they are eligible for the benefit being sought, including showing that the marriage is bona fide.

Under the 5 year rule, the applicant still has to show that they are eligible, but they can review the entire history of the applicant. The difference is the burden is on USCIS to show it was improperly obtained, instead of the applicant show that it was properly obtained. So it's not unusual for them to ask about it, but rarely does it impact the result (I have seen a couple cases where it has raised concerns, mostly if the I-751 was approved jointly but they divorced before approval and never reported it).

I agree with you. Since the N400 is the last stop with USCIS they have to review the whole history of the applicant. But it's frustrating some times when you think about how many times you need to prove yourself to them. Specially when the 751 which is not easy was approved with an INTERVIEW not just sending the card and again they ask about proving the bonafide marriage when you apply for the N400

[spring333 44]

7 minutes ago, geowrian said:

Under the 3 year rule, the applicant has to show that they are eligible for the benefit being sought, including showing that the marriage is bona fide.

Under the 5 year rule, the applicant still has to show that they are eligible, but they can review the entire history of the applicant. The difference is the burden is on USCIS to show it was improperly obtained, instead of the applicant show that it was properly obtained. So it's not unusual for them to ask about it, but rarely does it impact the result (I have seen a couple cases where it has raised concerns, mostly if the I-751 was approved jointly but they divorced before approval and never reported it).

Do you know how usually ppl wait in cases where they have doubts? 

 

Also, I agree, we had separated 751 interview and they approved after 9 months of waiting. while waiting, I met requirement to apply under 3 yr rule but things went south. Year later they called for second N400 interview but things between me and my ex were not great and honestly i didnt want to go there. I divorced  year later! 

 

Now, for this newest RFE i submited all they needed (but again, only 2016) and even a notarized letter from my ex saying that she supports my application. Still waiting 

Edited November 1, 2019 by spring333

[MohU3 57]

2 minutes ago, spring333 said:

Do you know how usually ppl wait in cases where they have doubts? 

I really don't think anyone can answer that question. eSpecially nowadays normal cases taking more than usual time so think about when they have doubts. I wish you the best luck. I would call them and ask bout my case and if they give the BS answers I would call the congressman to try to push it

[spring333 44]

1 minute ago, MohU3 said:

I really don't think anyone can answer that question. eSpecially nowadays normal cases taking more than usual time so think about when they have doubts. I wish you the best luck. I would call them and ask bout my case and if they give the BS answers I would call the congressman to try to push it

My case is still under "normal processing time" which is 19 mntsh for Chicago now. So  I cant send inquiry. I am working with congressmen to send inquiry.